The Court emphasized that bail may only be granted if there are reasonable grounds to believe the applicant is not guilty of the charges under the NDPS Act.

ORDER

This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , seeking regular bail.

2. The applicant is the sole accused in Crime No.81/2025 of Neyyattinkara Excise Range Office, Thiruvananthapuram District. The offences alleged are punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that the applicant was found in possession and transportation of 720 numbers (467.977 grams) of a medicine nomenclature as Pyeevon Spas Plus Capsule, which contains a chemical ingredient, Tramadon Hydrochloride, in a bus named Syamoli Volvo bearing registration No.NL-01-B-4576 plying between Bangalore and Thiruvananthapuram and was nabbed at about 09:12 a.m. on 29.08.2025 when the bus arrived at Amaravila Excise Check Post, container module at Krishnapuram, Piriyammoodu, Neyyattinkara, which was later on revealed to be meant for sale.

4. I have heard Sri.Prem Krishna K.Nair, the learned counsel for the applicant and Sri. M.C. Ashi,, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 29.08.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Since the quantity involved is commercial, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. Bail can be granted in a case where there are reasonable grounds for believing that the accused is not guilty of such an offence and that he is not likely to commit any offence while on bail.

7. Having considered the submissions and after having gone through the materials on record, I am afraid that there are no substantial or probable causes for believing that the applicant is not guilty of the offences charged. The applicant has not been able to point out the existence of any such facts or circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged.

8. The applicant has raised a contention that there is violation of Section 50 of the NDPS Act. The contraband was not seized from the body of the applicant. It was seized from the bag carried by the applicant. Therefore, there is no requirement to comply with Section 50 of the NDPS Act.

This Court as per order dated 22.1.2026, dismissed the bail application filed by the applicant as B.A.No.14670/25 holding that the rigour under Section 37 of the NDPS Act is attracted. Still, the applicant has chosen to file this bail application within two weeks. This application is nothing but abuse of process of court. Hence, this bail application is dismissed with a cost of ₹3,000/- (Rupees three thousand only) which shall be paid at the Kerala State Legal Services Authority within two weeks.